Aspectos procesales en torno a la prueba de un compliance laboral en el ámbito de un proceso civil

Resumo

Business activity is facing an undeniable reality, namely the development of remote working, which has been very positively received, and that due to the undeniable advantages for both the employer and the worker, in terms of costs, work-life balance and reduction of absenteeism. However, this has also had its downside, in that specific risks for the teleworker can arise from this type of work, namely: psychological risks, caused by digital hyper-connectivity; physical risks, due to prolonged exposure to an unhygienic working posture; or legal risks, due to the lack of privacy, security and data protection, caused by invasive company supervision or surveillance. All of this poses a challenge in terms of compliance, in the sense of identifying the functions of the compliance officer, and of designing a labour compliance system for the correct prevention of risks of this nature. From a procedural point of view, the question that arises is none other than to discuss suitable, suitable and effective means of proof to accredit in civil proceedings for breach of contract the due diligence of the compliance officer in the prevention of specific occupational risks, for the purpose of dissuading the judge from ruling out civil liability.